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ASSOCIATION OF AMER. PHYSIC. v. U.S. FOOD AND DRUG ADMINISTRATION

No. CIV.A. 00-02898HHK.

391 F.Supp.2d 171 (2005)

ASSOCIATION OF AMERICAN PHYSICIANS AND SURGEONS, INC., et al., Plaintiffs, v. UNITED STATES FOOD AND DRUG ADMINISTRATION, et al., Defendants.

United States District Court, District of Columbia.

September 27, 2005.

Attorney(s) appearing for the Case

Kristina Reynolds Osterhaus, Bertram Walter Rein, Daniel E. Troy, Wiley Rein & Fielding, LLP, Washington, DC, for Plaintiffs.

Drake Stephen Cutini, U.S. Department of Justice, Michael A. Humphreys, U.S. Attorney's Office, Barbara Stradling, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

KENNEDY, District Judge.

This court previously ruled that a final rule promulgated by the United States Food and Drug Administration ("FDA" or "government"), which mandated pediatric testing and formulation, exceeded the FDA's statutory authority and was therefore invalid. See Ass'n of Am. Phys. & Surgeons v. FDA, 226 F.Supp.2d 204 (D.D.C.2002). Presently before the court is...

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